Thanks @Andyorch

Still nothing so I will keep my fingers crossed, last question please, do I ignore any further correspondence on the matter unless it is regarding an application to lift the stay? 

Still nothing so hoping the matter will be stayed now and they will have to apply to reinstate. Anyone know of that ever happening before or very unlikely?

Just double checked and they still have not responded. 

Although I did get a statement of account yesterday, dated 12 December which is a bit fishy!!!

So they've not contacted me or replied to the court, at least nothing has been updated online. 

As i understand it the matter is now stayed and they'd need to apply to reinstate it,  what's the chances of them, first doing that and, second being allowed to do so by the Court please 

I've read the letter it said they had 28 days, is that was up 28 days from when I submitted it (1/1/23) or from when it days they, the Court,  received it (3/1)?

And if they don't reply,  will the fact is stayed be noted on MCOL automatically or do I need to do anything? 

Is it unusual or commonplace for them not to reply to the Defence?

Cheers

Yeah I got that a few days after

Still not heard anything from Kearns or the court, how long do they have to reply to my defence? 

Thanks dx, I have submitted the defence. 

1.      The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D.

2.      D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

3.      By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims -

1.      £2400.00.

2.      Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. 

Defence

1.      The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.      Paragraph 1 is noted. I have in the past had financial dealings with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

3.      Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclaycard and received by the Defendant. 

4.      Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law and Property Act 1925 Section 136(1) from either the Claimant or Barclaycard.

5.      On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns has yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request.

6.      It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a)   show how the Defendant entered into an agreement, and

(b)   show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(c)    show how the Defendant has reached the amount claimed for, and
(d)    show how the Claimant has the legal right, either under statute or equity to issue a claim;

7.    As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8.    On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9.    By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

So I have had a read of a few threads, not quite 20 but a fair few and I think the bext one was along these lines: 

1.      The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D.

2.      D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

3.      By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims -

1.      £2400.00.

2.      Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. 

Defence

1.      The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.      Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

3.      Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant. Note: Although I said yes in the questionnaire I’ve checked my paperwork and could not find any record of the default notice.

4.      Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5.      On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request.

6.      It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a)   show how the Defendant entered into an agreement, and

(b)   show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

The claim is still live and the last, the last entry on the Claim History is: Your acknowledgment of service was received on ######.

I've not prepared my defence, I have read a few threads but can try and get that done in the net couple of days given the 1st & 2nd Jan are Bank Holidays & Court will be closed I assume the claim status will not change! 

Seasons greetings to all.

I've had some personal problems of late and I've missed the date for submission of my defence. Do I need to request permission to submit my defence late or is that it. 

Thanks

I meant for the CPR letter because I have made the CCA request after proceedings were issued and the letter only states prior. 

As I said, my mistake. So should I mention the CCA letter I sent?

No not as yet as I read that as being for OD & loans (my mistake) but doing it now, should I mention at all the CCA letter I have already sent or no need? 

Thanks again dx

I have completed the AOS as detailed above and have sent the CCA letter on 16 Nov 2022. 

So in the meantime while I wait their response I shall read up and start preparing my defence ready to issue by 16/12/22, anything else I should be doing? 

Thanks.

I think I went over to platinum as they offered me either an interest free spend or BT.

Either way hopefully they haven't got an enforceable agreement!

I'll get reading while I wait to hear from them, thanks again dx

Last payment was in March 2018 so within 6 years unfortunately. 

I will now just start reading claimforms and wait on the CCA request, in the meantime should I acknowledge their claim and ask for more time?

Oh dear me!

492910

Of the card number,

1st digit 4

6th digit 0

Thanks again, I'll have a read in the morning and I'll ask when I call about the last payment of they can confirm our was my old Egg account. Or do you think I might be better off not asking incase Egg gave them the original agreement and they then look for/find it!

Ah that's a shame.

So my last hope is that they don't have don't hold an enforceable CCA?

I'll give them a call then dx, can I ask what the relevance of that it please?

Sorry 4+ years at least then. I'm working from memory and may have been wrong when I said 2018, I think it's over 5 but I'll try and check my bank statements but either way it's been a very long time.

Also I've sent the CCA letter today.

Yes I'd say at least 5 years but can't check as cannot account anymore 

Which Court have you received the claim from?  County Court Business Centre, Northampton

Name of the Claimant?  asset link

name of solicitors Kearns Solicitors

Date of issue 15 Nov 2022
Date  to acknowledge - 3/12/22

date to submit defence - 16/12/2022

What is the claim for – 

1. The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxx (16 digits) and opened effective from 09.02.2005.

2.The agreement is regulated by the Consumer Credit Act 1974 (CCA), was signed by the Defendant (D) and from which credit was extended to D.

3.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 26/7/2018 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard plc the sum of 2,400.00.

4.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims-

1. £2400.00.

2.Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment.  

Date 15/11/2022

What is the total value of the claim? £2300 (rounded up)

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

Did you inform the claimant of your change of address?  No but I informed Barclaycard

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

When did you enter into the original agreement before or after April 2007 ?  Before
Do you recall how you entered into the agreement...On line /In branch/By post ?  Post I think

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes when last checked early 2022

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Cannot recall for certain but I believe so

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Do not believe so

Why did you cease payments? Financial problems and Barclaycard allowed for payments & interest to be stopped then sold the debt 

What was the date of your last payment?  Cannot recall but at least 5 years ago

Was there a dispute with the original creditor that remains unresolved?  Only that they sold the debt without contacting me 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes but I was not in a position then to make payments. .

Claim Form.pdf